RUPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated January 8, 1976 of the learned Sessions Judge, Balotra whereby he convicted the accused Rupa under S. 302, IPC for committing the murder of MST. Mohani and sentenced him to life imprisonment and a fine of Rs. 500/ -, and in default of the payment of which to further undergo rigorous imprisonment for six months. He was also convicted under S. 201, IPC and sentenced to suffer rigorous imprisonment for 3 1/2 years and a fine of Rs. 100/ -. The substantive sentences were ordered to run concurrently. The other seven accused viz. Veera Sharkar, Photu, Hajarimal, Sagarmal, Luna and Multanmal who were tried along with accused Rupa were convicted under Sec. 201, IPC, and each of them was sentenced to 3 1/2 years rigorous imprisonment, and a fine of Rs. 100/ - each. Mst. Gawari, mother of accused Rupa was also tried along with these accused for committing the murder of Mst. Mohani. However, she was acquitted of all the charges.

(2.) The prosecution story as disclosed at the trial in a nutshell is that Mst. Mohani (since deceased, daughter of Deepa was married with accused Rupa. The relations between Rupa and his mother Mst. Gawari, on one side and Mst. Mohani, on the other side were strained, for two reasons: firstly, she was uneducated, and secondly her parents did not give 'Dowry' to the extent it was expected by Rupa and his mother Mst. Gawari. A few days prior to the occurrence Deepa, father of Mst. Mohani (since deceased) came to the house of Rupa along with PW2 Jawara and requested Rupa to send back Mst. Mohani. It is alleged that both the mother and the son refused to send Mst. Mohani (deceased) to her parents' place but in the telltale manner stated that they will get rid of her by committing her murder. The prosecution case is that on the date of occurrence Rupa came late to his house and some quarrel arose between the husband and the wife regarding non -cooking of vegetable. They Murdered her and threw her in the 'Tanka' situated in the house of the accused. The accused persons in order to create a false defence pretended to search Mst. Mohani (deceased) in the vicinity & later on declared that she was found dead in the 'Tanka'. The Foot -Constable No. 702 Bhoorsingh, of the Police Station, Barmer, went on patrol duty at 9 A.M. or May 8, 1975 in Barmer. He came to know that Mst. Mohani (deceased) was murdered by her husband and her mother -in -law. He returned to the Police Station, and gave an oral report that while on patrol duty he went to the street known 'Tailor's street' and there he learnt that in the house of (sic) tailor Rupa and his mother had murdered Mst. Mohani. The Foot -Constable also stated that the dead body of Mst. Mohani was taken by Ratanlal, Hajarimal, Shanker, Veera and others for cremation to the cremation ground. This report was recorded in the "Roznamcha" at the Police Station, Barmer and the same has been marked as Ex. P.7. The Sub -Inspector of Police Shri Sugna Ram (PW 10), along with a party of some police constables, reached the cremation ground. The body was seized vide seizure memo Ex. P1. A site -inspection memo was also prepared which has been marked Ex. P2 and the photos of the dead body taken at the instance of the Police have been marked Ex. P3/1 to Ex. P3/6. The autopsy on the dead body of Mst. Mohani was performed by Dr. Mohanlal Motyani. The post -mortem report is Ex. P5. The doctor failed to give a definite opinion about the cause of death. However, he found some injuries on the person of Mst. Mohani (deceased) As Dr. Motyani could not give a definite opinion about the cause of death a Medical Board was constituted consisting of Dr. Shyamlal Bohara, Chief Medical & Health Officer, Barmer, Dr. Harakraj Mathur and Dr. R.K. Whig as its members. The Medical Board after examining the dead body opined that there were signs of smothering on the dead body of Mst. Mohani (deceased), but the death was caused due to asphyxia by drowning.

(3.) On the basis of the medical report, and the preliminary investigation conducted by the Station House Officer, Barmer a case was registered on May 9, 1975 under Ss. 302 and 201 IPC against the accused Rupa, Mst. Gawari, mother of the accused Rupa, (acquitted by the trial court), and other persons During investigation the accused Rupa stated that Mst. Mohani (deceased) committed suicide by dropping herself in the 'Tanka', which was situated in the house of Rupa, and, therefore, a site -inspection memo of the 'Tanka' was also prepared. The inspection memo is Ex. P.12. The Police after usual investigation submitted a challan against nine accused persons in the Court of Munsiff and Judicial Magistrate, Barmer. The learned Magistrate committed all the nine accuse to the Court of Sessions Judge, Balotra.